Brexit has thrown up so many constitutional challenges that it is easy to overlook what would otherwise be considered constitutional chaos.

The so-called “power grab” under which Westminster retains policy-making responsibilities that would otherwise be under the Scottish Parliament, even against the wishes of Holyrood, has succeeded in uniting opposition parties in Scotland and handing the nationalists a peg of grievance on which to hang claims for a further independence referendum.

Now they are claiming that Holyrood only has powers at the discretion of the UK Government. But it is not too late to fix this mess.

I have argued, Scotland is not stable, that because of Brexit we have to strengthen the devolution settlement, and that the Government must be careful to avoid scoring own goals – in this case Westminster pushing this through without doing everything in their power to secure agreement.

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Implementing Brexit without undermining the devolution settlements was never going to be easy but the Government’s initial approach was cack-handed.

Many policy areas such as agriculture and fisheries, that are currently administered by Europe, are formally devolved to Scotland.

After Brexit, European law will no longer be applied. There were 150 areas initially identified as potentially affected, though the list has now been narrowed down to a couple of dozen that are significant.

The principles of the Scottish and Welsh devolution settlements are that matters not specifically reserved are devolved.

So Scottish and Welsh administrations could have reasonably expected these European matters to be devolved, unless they agree otherwise.

The Government’s initial approach, however, was to legislate to reserve all “retained EU law”, while taking power to devolve it piece by piece by Order of Parliament.

This innovation was justified on the grounds that UK frameworks would be needed to replace European ones.

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Aware they had gone too far, the Government‘s new approach is to take power to reserve by Order specified areas of EU retained law, on a temporary basis – with a seven-year sunset clause – but without guaranteeing to obtain devolved consent.

While this narrows the potential number of breaches of the principles of the devolution settlement it does not alleviate concerns.

Ministers can, under the clause, alter devolved powers in the absence of consent – indeed, they can override the formal views of the Scottish Parliament.

The nub of the problem remains that UK ministers are taking power to reserve what would otherwise be devolved matters without agreement from the Scottish Parliament and I suggest we make the changes recommended by Professor Jim Gallagher, ex-head of devolution in the Cabinet Office.

It is a principle of the devolution settlement that UK ministers may direct the devolved administrations where this is necessary to meet international obligations.

If the power to make proposed Orders was confined to matters in which international obligations were involved, this would be consistent with the principles of the settlement – and it would demonstrate the UK Government understood their responsibilities to the devolved administrations.

Where the UK is signing treaties on agriculture, for instance, a common framework is desirable as long as Northern Ireland, Scottish and Welsh legislatures are consulted.

But when it comes to regional policy, for example, where no international obligations may be involved, the devolved legislatures should be free to act.

There is no need for Westminster to retain these “devolved” powers until 2026. The clause should be triggered by 2024 at the latest.

Even if the nationalists do not agree with these two changes, justice will have been done to devolution’s founding principles.

It has been revealed Scottish Conservative leader Ruth Davidson privately opposed the Vow, which delivered far more extensive powers to Scotland.

As Parliament discusses Scotland, the Labour Party can show they are the one party who stand up for a strong Scottish Parliament within the UK.